Below is the response back to the attorney. If you read it and want to help me, respectfully and peacefully, please show support by attending the Middleton school district meetings as well as those in your area! I do not want to create a problem for the board members, only to show people in numbers to let them know what they are doing is wrong, because although they are wrong on many issues, they are still friends of mine or I would like to consider them as such.
The calendar can be found at www.msd134.org
I received your letter on Thursday and was quite discouraged and disheartened by the time I finished it so I thought I would take the time to respond to make a few clarifications to let you know who and why I am.
I am a father of four excellent boys and a husband to a most excellent wife,. As with most things that are revered and treasured and threatened, the natural tendency is to protect and preserve these treasures.
Since the housing market crash, when my business closed, I desired to further my education and found a new love and tremendous passion in Early American history, philosophy, and Biblical, Constitutional and Common Law as well as Christian apologetics and read to further this passion every free moment I have.
After several years, of reading, I began to see things in a very different way and realized the more I read that something is most seriously wrong with our country, with our rule of law, our nations once united beliefs and it became clear that there is little, if any, resemblance to our foundational principles in which this nation stood firm and I realized it was due to our own ignorance and apathy as Americans failed to perpetuate these principles.
Today, law has become arbitrary and inconsistent, and no longer designed to protect the innocent and punish evildoers as was intended but to “ensure social justice” which subverts the entire original intent of law and our republican form of government where truth is relative and the people no longer have the power over their government that was guaranteed by our Constitution.
Our people in public office swore an oath to uphold and defend the constitution as a guarantee to the people, that they would strictly adhere to our rule of law, the Constitution, and by doing so, our rights would be protected. Today, most of these people that swore this oath, do not understand it, remember it, care, no longer think it applies or feel somehow it is up for interpretation which directly pins the government against the people instead of protecting those rights, they now dictate them which was never intended.
I have been involved in a multitude of issues with Middleton school district for years.
I have followed the established chain of command, followed proper procedure and done as I have been asked and my attendance at this last meeting was on the heels of the multitude of these issues and I felt it was now time to speak.
Prior to this meeting, I wrote and emailed the board members, including Dr. Bauscher which laid a foundation of my argument so that they would understand where I was coming from and speaking was just a re-iteration and a hope that they would have a chance to reconsider and even ask questions if they had any.
You began your letter by stating that I was disruptive during the meeting, but you also stated I was allowed to have my three minutes which is where there may be some misunderstanding or, of course some relative misinterpretation of the facts.
I have attended meetings in the past and they always begun at 6:30pm. For some reason, tonight and hereafter they say they began at 6:15pm but I got there at 6:12pm, the meeting had already started. When I walked in I was immediately told, “ Oh, you missed your chance to speak”, I will tell you at that moment, I was incredibly upset because I viewed the meeting start time as the denial of my hearing but my friend, was kind and respectful enough, as always, to have the board reconsider and I had my three minutes. If I was allowed to speak, there was no disruption DURING the meeting, unless you consider my three minutes as that disruption but to make myself clear, I waited quietly until I was allowed to speak and was quiet afterward as my video of the entire meeting will attest to which can be found on my website at www.tommunds.com.
What you may be referring to, in fact, was after adjournment, when everyone was gone but a few concerned citizens that agreed with my testimony, they were asking me questions and I took time to answer them. It was then, when in the room, were a few of us with the board members when Dr. Bauscher, loudly and rudely told me, by name, to “GET OUT!”, Why me, there were others? I was disrespected, I was angry, I was hurt and I told him and the board “This wasn’t over” and “Its still on.” meaning that I was going to continue to pursue this issue.
It is my understanding of law, that the Constitution, and all laws made thereof shall be the Supreme Law of the land and that all laws, ordinances, policies and procedures as well as state constitutions, repugnant to it are null and void (Art. XI, Sec.2a). If this is true then much of our state constitution is null and void especially Article IX, Sec 1, that states that the legislature shall establish a “free” and common school, because it is outside the limited powers of government of Article 1,Sec. 8.
It is also my understanding that the constitution was a document written to restrict government, that officials swore to limit themselves and the Bill of rights was an extra measure to further declare and preserve our rights providing more government restrictions in the area they had no jurisdiction. In other words, the bill of rights cannot be infringed by our government and not used as another tool for them to further dictate or restrict our rights.
It is also my further understanding that you are a member of the BAR, which is the British Accredited registry, which I would assume would or could be challenged as a violation of your oath in that it may swear an allegiance to a foreign power, under foreign jurisdiction, that forces people in this country to join or they are not allowed to practice law, if that is what its called today.
Although I have not done enough research to verify, what I do know is that both attorneys and judges are members of ther BAR which should be viewed as a conflict of interest in that it becomes now the attorneys and judges, the judicial branch vs the people which would shatter a fair trial without the persons knowledge that judges opinions are just that, opinions, and that juries can, in fact, deny or overturn the verdict of the judge.
In your letter you mention Idaho code 18-916 that, in fact is a direct violation of my first amendment right of freedom of speech as well as the denial of my right of redress of grievances. Are you suggesting that the constitution supports a state statute that denies the right for people to question and hold our government officials accountable? It would appear that the “Doctrine of presumption” would clarify and support my argument.
With all due respect Sir, Our government entities are no longer responsible or held into account by the people, and seem to have somehow elevated their authority over the people when no such permission was granted. It is for this reason that our rights, freedoms and liberties are being destroyed, let me clarify:
Idaho Constitution, Article IX, Sec. 1, “The legislature shall establish a free common school”. First, it isn’t free and it doesn’t offer or guarantee tenure, salary increases and lifelong pension funds at the expense of the tax payer. It also does not allow for the creation of a mob, a teachers union that would give them more power than another individual that trumps the will of the minority, violating our guarantee of a republican form of government because the minorities, the few against the unions are left defenseless. In addition, these tax payers guaranteed, pensions are also a violation of my republican form of government because it is a form of redistribution of wealth, or socialism.
According to “ In loco parentis” and “Parens Patriae” which does date back to common law but has, today has further taken power from the parent and given it to the state, further denying the parental rights to their children.
The parents and children are forced and regulated by the government as to their interpretation of proper education of their children when they enter the public school and indoctrinated with Marxist principles that are in diametric opposition to the principles of a free people. ( If I called them a “bunch of communists” which your letter states, which I don’t recall but would be evident in the video, the error would be that I may have not used the proper definition, I should have said “Totalitarians” which is simply the ultimate result of any society that abandons God and replaces it with the democracy or” Rule of man”, which, for the record, in fact, they are, for totalitarian is complete government control, which they in fact, promote and probably don’t even know it)
For example, since they took God out of school, they are taught, by default to believe that their rights are subject to what the government says they are, rather than the belief that their rights were inalienable. They are taught that we are a democracy- a rule of man, rather than a constitutional republic- rule of law.
In addition they are taught to live beyond their means by the support of annual bonds- to live beyond their means, which promotes fiscal and personal irresponsibility, to believe that abortion, the murder of innocent life, is a choice protected by our government rather than the government to protect LIFE. They are taught to look to the government for all their needs, accepting all their regulations, rather than taking personal responsibility which is the governments failure to protect LIBERTY, and they are taught that they are subject to removal from their home for failure to pay coercive property tax which is the governments failure to protect PROPERTY.
If government was established, “BY THE PEOPLE, FOR THE PEOPLE to protect life, liberty and property” and doesn’t perform any of these duties would that not be a failure of our established form of government? Do you realize that established government was never to have more power over an individual that we had as one individual over another?
I am not ignorant enough to suggest no government, nor am I against taxes for there are proper and limited roles for each as originally intended which would know if we knew our history and the intentions of our Founding fathers which were that the power was to remain in the hands of the people and NOT in government.
Sir, I am a loving father and husband that respects his wife and understands the importance of family. I understand my rights, I know my history. I am a peaceful, non-violent, tax payer that believes in limited government and proper taxation I love our heritage, honor our sacrifices that were made by our military to secure our freedom and have deep respect, reverence and understanding for our established rule of law as it was intended. I t is imperative that we as individuals relearn our lost and re-written history, the principles of liberty, the proper role of government and return to our foundational principles to restore this nation, or Americas days of prosperity and its beacon of hope will be a distant memory.
Ronald Reagan warned “ If we ever forget we are one nation under God, we will be a one nation gone under.” Take a look around, what do you see?
As an individual, I am a strong believer in personal responsibility, in morals, ethics, honor, integrity and also in truth, even sometimes when it hurts. It is not only my right as an American to hold my government accountable it is my duty and any restriction thereof is not only contrary to our freedom and our ‘original intent”, the constitution, common law but the elevation of tyranny.
When I think about our history and the sacrifices of freedom that were made, the established rule of law limiting government to “Few and specific powers” to ensure freedom of its people by protecting life, liberty and property and reflect on what I see today, where those who think they can control every aspect of those who pay their salaries and retirement for life, we could not possibly be more in contradiction.
I would like to say, respectfully, that I was not fearful at the reception of your letter, as at times, are meant for that purpose but frustrated because it was obvious to me that no one had even read or cared for the letter that was presented to the board and assumed they would fail to submit to you a copy (because it would hinder their case) for your viewing before you wrote your letter to me which is why I would like to include it in this letter back to you.
I would also like to say I do not appreciate being threatened by a school or their attorney at the presumption of a crime, when in fact, there is no evidence of a crime, or “corpus delecti” or show the body or physical evidence of such and would therefore be nothing more than arbitrary hearsay if we were to follow equal protection under the law.
I would like to state that I do not appreciate being forced into a corner, with no way of redress at the loss of control of my children to “the state”. When a protective husband and father is concerned , violated, restricted and denied repetitively, while being laughed at and mocked in public, and ironically told what is and what is not a violation of my rights and that of my children the communication will always be less than cordial.
I will continue to attend these meetings, with my video camera, by doing so, holding them accountable. I have never had intentions of disrupting meetings and feel strongly I have not in that I was called upon before I spoke.
In your letter, you stated that I am afforded “NO RIGHTS” which I find offensive because I question who gave the board the authority to further remove my rights when they were not given that authority by, the taxpayer, properly addressing grievances when no where in the rule of law does it say that my rights are denied at the door of a school board meeting!
You also state that an Idaho code is a crime. Where and how that is that possible when crimes require , a victim, a witness, the “corpus delecti” and a trial by jury? Are you suggesting we are under Title 50 USC, the War Powers Act where the Constitution is essentially suspended, where violations of all policies , procedures, rules and ordinances will be considered crimes? If so, should not the people be made aware that our constitution is suspended, or is "ignorance no excuse for the law?" If this is in fact, so, does that apply to attorneys and government officials who have abandoned their oath and do not understand the Supreme law of the land, protecting the interests of the state rather than that of the people?
I will, at times, when necessary ask to be heard and will then speak and in the case of being ignored will address the board after the meeting has adjourned as it is my God given, constitutionally protected right and duty to hold my government officials for their actions and their statements.
If they are embarrassed because they were wrong and are corrected, which is what the code is to prevent ( The silence of dissent) may I suggest they further their education, and learn from their mistakes because we all know that we can’t know everything unless you feel that educators are at some level beyond being educated.
If you are in any position of representation whether it be a government official or an attorney, you are bound by an oath and this oath should be taken with the understanding that you are now held to a higher level visibility, accountability and scrutiny and not above it.
If I am treated with respect, I will reciprocate, if I am not, in the interest of “Fairness”and equal protection, I will respond in kind.
Blessings and respects,
P.S. Without going through both constitutions, in detail, where I feel violations for Article 1, section 8 were made, in the interest of time, I have listed instead what I feel are violations of protection guaranteed by the Bill of Rights: (remember the Bill of rights are not subject to government control but to protect us from it)
Amend.1:Government restricted freedom of religion. Sep of church and state is a lie.
Government restricted freedom of speech- statutes restrict questioning
Denial of redress-school board may choose to hear you or not
Amend. 2: Government restricted right to bear arms- denied the right when no crime has been committed. Presumed guilty before innocent without trail by jury.
Amend. 4: Government restricted illegal search- campus lockdown and surveillance cams-denial of the right to be secure, without warrant or probable cause,again guilty without trail by jury.
Amend 5: Government deprivation of life, liberty and property- rights subject to government interpretation, arbitrary law, judicial activism, government coercion, property loss for failure to pay unconstitutional property tax to be used to indoctrinate my kids.
Amend 6 and 7: Denied trial by jury if government considers lesser laws crimes. Crimes must have a “corpus delecti”, the body, the victim , the witness and must be subject to trial by jury.
Amend. 9: Government restricted rights that were to be retained by the people- the government was not to construe or deny my rights but to protect them.
Notes of interest:
Along with this response, I will also have enclosed a three CD set and a booklet done by a motivational speaker friend of mine on a few topics you may find of interest, the separation of church and state, the dangers of Huimanism and Judicial tyranny. Please nejoy these as my gift to you for taking the time read my letter.
The below notes are compiled together and can be found in a letter to Obama dated December 6th, 2010 by the congressional prayer caucus. The very idea that the Tax dollars of the American people go toward the denial of God in the public forum is not only contrary to our establishment of our form of government but promotes the enslavement of them to the inevitable end of totalitarianism.
The Bible is the source and foundation of all law and confirmed by our Founding documents, Magna Charta, Founders quotes, supported by common law as well as many presidential proclamations including Ronald Reagan in 1983.
In 1956 President Eisenhower approved the law” In God we trust” and is our official national motto.
The Declaration of Independence and preambles of all 50states acknowledge God as the source of our Rights
The pledge declares “One nation under God”
John Adams said: “ It is religion and morality alone, which can establish the principles on which freedom can securely stand."
Benjamin Franklin said” The Constitution was written for a moral and religious people, and wholly inadequate for any other form of government." (clue:religious and government in the same sentence!)
If this is true and this nation is neither moral or religious, can the constitution still apply? (NO, it must be interpreted differently to try to make it work!) which is why it is so difficult for government to remain its its limited capacity. Essentially the constitution today is a worthless document because those who swore to uphold the law have never read it or even understand it!
With regards to a statement I may or may not have made about "being communists", may I suggest you read and compare the communist manifesto against the Bill of Rights?